SOLAPUR DISTT. CO-OP MILK PRODUCERS PROCESS UNION LTD,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2, SOLAPUR

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ITA 1234/PUN/2018Status: DisposedITAT Pune25 January 2019AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue back to the file of the CIT(A) to provide a reasonable opportunity of hearing to the assessee. The CIT(A) was directed to decide the appeal in accordance with the law.

What were the facts?

The assessee's appeal was dismissed ex-parte by the CIT(A) without proper opportunity of hearing. The assessee argued that the CIT(A)'s action violated natural justice and that the issue regarding interest income was covered by previous tribunal orders.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without providing a proper opportunity of hearing, violating principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 80P(2)(d)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

For Appellant: Shri P.S. Shingte
For Respondent: Shri M.K. Verma
Hearing: 16.01.2019Pronounced: 25.01.2019

PER SUSHMA CHOWLA, JM:

The appeal filed by assessee is against the order of CIT(A)-7, Pune, dated 09.04.2018 relating to assessment year 2014-15 against order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

2.

The assessee has raised the following grounds of appeal:-

ITA No.1234/PUN/2018 2

1.

On the facts and in the circumstances of the case and in law the Learned CIT(A) has erred in dismissing the appeal ex-parte, without giving proper opportunity of hearing, the act being in violation of principle of natural justice, it is prayed that appeal may kindly be restored back for reconsideration by Learned CIT(A). Without prejudice to above ground following ground is taken on merit; 2. On the facts and in the circumstances of the case and in law the Learned Assessing Officer has erred in disallowing proportion interest expense plus Rs.481.47 lacs, by disregarding appellant's contention in this regard. Action being arbitrary and perverse, therefore needs to be reversed. 3. On the facts and in the circumstances of the case and in law the Learned Assessing Officer has erred in restricting the deduction claimed u/s 80P(2)(d) to the extent of Rs.186.40 lacs thereby arriving the income at Rs.16,78,630. Your appellant prays for allowance of total deduction u/s 80P(2)(d) and restore the income as returned by the appellant.

3.

The learned Authorized Representative for the assessee pointed out that the appeal was decided ex-parte without giving proper opportunity of hearing by the CIT(A) and hence, the first ground of appeal. He fairly admitted that the assessee did not appear on the last date of hearing but a fair opportunity should have been allowed to the assessee. He also pointed out that the issue raised in the present appeal is squarely covered by the orders of Tribunal i.e. interest income arising from Co-operative societies.

4.

The perusal of appellate order reflects that the appeal was fixed for hearing on four dates of hearing and the assessee sought adjournment on two of the dates and on the balance dates, none appeared on behalf of assessee. Hence, there was non representation before the CIT(A).

5.

In the totality of the above said facts and circumstances and following the principles of natural justice, where the assessee claims that the issue

ITA No.1234/PUN/2018 3

stands covered in favour of assessee, it is deemed fit to restore the issue back to the file of CIT(A), who shall afford reasonable opportunity of hearing to the assessee and decide the appeal in accordance with law. The grounds of appeal raised by assessee are thus, allowed for statistical purposes.

6.

In the result, appeal of assessee is allowed for statistical purposes.

Order pronounced on this 25th day of January, 2019.

Sd/- (SUSHMA CHOWLA) न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक Dated : 25th January, 2019. GCVSR आदेश की प्रयिलऱपप अग्रेपषि/Copy of the Order is forwarded to : 1. अऩीऱाथी / The Appellant; 2. प्रत्यथी / The Respondent; 3. आयकर आयुक्त(अऩीऱ) / The CIT(A)-7, Pune; 4. The Pr.CIT-6, Pune; ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, ऩुणे, एक-सदस्य 5. मामऱा / DR ‘SMC’, ITAT, Pune; गार्ड पाईऱ / Guard file. 6. आदेशािुसार/ BY ORDER, सत्यावऩत प्रतत //True Copy// वररष्ठ तनजी सधिव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण ,ऩुणे / ITAT, Pune

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